2015 CLC 606 LAHORE-HIGH-COURT-LAHORE

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KAUSAR FIRDOUS VS Mian M. ZIA Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , O. I, R. 10---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.13 & 15---Ejectment petition---Impleadment as a party---Scope---Appellants moved an application for seeking their impleadment as party which was dismissed concurrently---Contention of applicants was that they were co-owners in the demised premises---Validity---Applicants seeking impleadment as party in ejectment proceedings were not party within the contemplation of S.15 of West Pakistan Urban Rent Restriction Ordinance, 1959---Title of respondent over the demised premises was quite clear---If applicants had some family dispute, merely on the basis of the dispute respondent should not be made to suffer---Nothing was on record to suggest that ejectment proceedings were collusively instituted just to harm the interest of applicants---Simple ejectment case for eviction of tenant would be converted into intricate question of title if applicants were allowed to be impleaded and to contest the ejectment petition---Presence of applicants before the Rent Controller was not necessary for a final and effectual decision in the ejectment case---Effective order could be passed in the absence of applicants---Application for impleadment as a party was rightly dismissed by the courts below---Appeal was dismissed in circumstances and Rent Controller was directed to decide the matter within a specified period.